Last Updated on November 20, 2024
California state law prohibits manufacturing, possessing, selling, or importing short-barreled shotguns or rifles. Manufacturing includes sawing the barrel from a shotgun to make it a “sawed off” model. Possession charges can still be filed even if the weapon is in pieces as long as it can easily be reassembled. Contact a defense lawyer immediately if you have been accused of this firearm charge.
What is the Legal Shotgun or Rifle Barrel Length in California?
California Penal Code section 33215 (PC) covers offenses related to the possession, sale, manufacturing, and importation of these weapons, but these firearms are specifically defined under sections 17170 and 17180 (PC). A short-barreled rifle, as detailed under 17170 (PC), is a rifle with a barrel less than 16 inches long or less than 26 inches in total (including the stock). A shotgun’s barrel must be even longer under the law, as the barrels of these weapons must be at least 18 inches long, though the total length of the gun is the same as a rifle at 26 inches.
Why are These Weapons Against the Law?
There are three main reasons why sawed-off shotguns are illegal. First, they are more dangerous as the pellets have a wider spread and can easily hit unintended targets. The wider spread reduces accuracy, making it easier to hit a target, as well as unintended victims. Ultimately, this makes the weapon more lethal.
Beyond that, sawed-off shutguns can be more easily concealed, which makes them more of a threat to public safety. This also applies to short-barreled rifles. Because sawed-off shotguns and short-barreled rifles are so easy to hide and highly dangerous, gangsters often use these weapons for crimes, which is another reason why they are illegal.
What are the Penalties for this Gun Crime?
Possession of a sawed-off shotgun or short-barreled rifle is a type of wobbler offense in California. As a wobbler, you can be charged with either a misdemeanor or felony based on the specific circumstances and your criminal record. When filed as a misdemeanor, you can face up to one year in jail and $1,000 in fines, but if the offense is a felony, you could face up to 3 years in state prison and fines of up to $10,000. Your criminal attorney can play a critical role in helping to convince the prosecutor to file the charges as a misdemeanor instead of a felony.
Many people accused of these offenses may face other charges as well, such as gang crimes, hate crimes, domestic violence, restraining order violations, negligent discharge of a firearm, unregistered firearm possession, or assault with a deadly weapon.
Defenses to 33215 (PC)
Your criminal attorney can help you choose the best defense for your specific case. In some circumstances, this may include arguing that you were the victim of an illegal search and seizure. In other situations, it means claiming there is insufficient evidence against you. For example, if the prosecution cannot show that the weapon was under your control because multiple people in the area could have possessed the gun, that is insufficient to prove your guilt. The law also offers an exception for particular individuals, including law enforcement officers, museum curators, antique dealers, and entertainment productions with the proper permits.
If you have been accused of possessing a sawed-off shotgun or short-barreled rifle, please contact Peter M. Liss as soon as possible. You can schedule a free consultation by calling (760) 643-4050.
